New Property Agent Scheme in Queensland

What is the new scheme? Queensland's Property Agents and Motor Dealer's Act 2000 (Qld) will be replaced by a new legislative regime.

The new regime is comprised of the following key pieces of legislation:

Property Occupations Act 2014 (Qld)
Motor Dealers and Chattel Auctioneers Act 2014 (Qld)
Debt Collectors (Field Agents and Collection Agents) Act 2014 (Qld);
Agents Financial Administration Act 2014 (Qld);
Land Sales and Other Legislation Amendment Act 2014 (Qld)

WHEN WILL THE NEW SCHEME TAKE EFFECT?

The Attorney-General has announced that the new regime will take effect from 1 December 2014.

The acts contain transitional provisions.

WHAT IS THE PURPOSE OF THE NEW SCHEME?

The purported objective of the scheme is to simplify the regulatory requirements for property agents, motor dealers, auctioneers and debt collectors & process servers (commercial agents), with each class receiving an industry specific law.

WHAT IS THE EFFECT OF THE NEW SCHEME FOR PROPERTY AGENTS?

Those in property occupations will be covered by the Property Occupations Act 2014 (Qld), which will simplify the number and type of license required.

Rules regarding the display of licenses have also been simplified.

Buyers will be able to waive or reduce the cooling off period without a lawyer’s certificate.

Perhaps most importantly for property agents, the cap on sales commission has been lifted. Agents will be able to negotiate any commission with their clients and will not have to disclose to a buyer how much commission they will receive.

HAVE THE OLD FORMS AND WARNING STATEMENTS CHANGED?

Yes – from 1 December new forms will be used for property transactions.

Those forms are available from the Office of Fair Trading.

There will be no need for sellers (or agents) to attach a separate warning statement to a residential contract, however, they must include a prescribed statement in the contract itself.

WHAT SHOULD I DO IF I HAVE ANY QUESTIONS?

Whether you are a buyer, a seller or an agent, the Ballantyne Law Group is well suited to assist you in your conveyancing and other property law requirements.

Contact our Gold Coast property law team on 5606 7332 or by email at [email protected] to speak to a lawyer today.

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5.0

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Ballantyne Law Group | Gold Coast

5.0

eleanor ireland

03:37 11 May 21

Very helpful and understanding due to their knowledge and expertise. A exceptional professional service was provided and lovely personalities helping provide the information to me, and format the documentation and ensuring I understood what I was signing. Prompt and just lovely to deal with. Highly recommend.

Mo Moezzi

06:07 07 Apr 21

If you are looking for someone who cares about his clients and has a comprehensive knowledge of business and property law for any type of business whether small or large whether established business or start-ups and can get the job done thoroughly and efficiently then I recommend you to have a chat with James Ballantyne and his team.

Ulrich Kuhnhardt

05:23 05 Apr 21

Ballantyne Law Group are a great team. They are very supportive and get things done efficiently. Good value for the investment. Thanks for the amazing service James and Enid!

Robert Webster

07:08 22 Feb 21

My recent experience in engaging Ballantyne Law Group for conveyancing for a commercial property was absolutely first class. As this was our first commercial property we found ourselves a little bewildered with setting up the various company structures and other matters relating to the property purchase. James and Sidnee were extremely responsive and considerate to all of my many questions and I felt far more at ease with the whole transaction. Thank you BLG!

Elizabeth O'Connor

03:52 17 Feb 21

I would highly recommend this service Sidnee was knowledgeable and professional as well as being proactive.

Keith Lumley

23:37 15 Feb 21

Enid and the team have been a tremendous help during a very difficult time.I would thoroughly recommend them.

Cathie Beattie

02:32 07 Feb 21

I would highly recommend this company. Excellent response time, knowledgeable and very professional.

Darin Scott

03:29 13 Jan 21

We've been using Ballantyne Law for all our legal needs and have never been disappointed.

Lee Carsley

22:54 11 Jan 21

Sidnee was my lawyer from the Ballantyne Law Group on the conveyancing of a new townhouse in Southport I bought. Professional, organised, and knowledgable. There were hiccups from the sellers end, Sidnee didn't miss a beat. Responses were quick and strategic. A young up and coming lawyer who is destined for much greater things than conveyancing. Highly recommended.

Sherryn Blair

12:09 10 Dec 20

Ballantyne Lawyers assisted me in the purchase of my house recently. I returned to them for a second time as a result of their outstanding professionalism and efficiency especially in regards to a time sensitive sale. Sidnee and Hine were in constant communication with me and kept me informed of everything. They made the process easy for me. I will continue to use Ballantyne Law Group and can highly recommend their services.

Ben Howe

00:31 07 Dec 20

I highly recommend these guys. They helped us settle our home and were friendly, honest and easy to deal with.

Lisa S

09:28 21 Nov 20

As first time buyers of an off-the-plan purchase, we had many questions about the risks, contracts and general process. Ballantyne Law Group helped us navigate the course every step of the way. Sidnee Jennings was professional, friendly and knowledgeable and made the whole process easy. We highly recommend them.

Caela Hanson

23:58 12 Oct 20

An excellent service preparing our wills, POA and Advanced Health Directive. Friendly and professional staff that made completing the documentation and requirements straight forward and smooth. Highly recommend using Ballantyne Law.

APK Electrical - Adam Kirkwood

21:39 16 Sep 20

James was amazing throughout the whole process, highly satisfied with my experience with Ballantyne Law Group. James was very professional and he educated me on what to expect, what the likely outcome would be and then he achieved it. I would recommend Ballantyne Law to anyone.

Peter Cook

09:14 09 Sep 20

So impressed. The advice I received was perfect. My matter was dealt with promptly and more importantly I felt supported the whole time. Family legal matters can be difficult however everyone I interacted with was really supportive and helped me navigate the complex legal issues in front of me. Thanks James and team, you made a big difference.

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